Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1887-08-17

The ELEVEN CONAltIED BOoDLEhs.
are still adequate agencies for the prosecu-
ton and punishment of such offenders.
The case was given to the jury at 3 o'clock
p. m, Friday, and when they retired their
first action was to elect A. l.. Brown fore
man by unanimous vote. There was
very little desultory conversation at first,
ballots being at once prepared on the ques-
tion Of guilt or innocence. The first vote
on this question resulted II to l for guilt.
One more ballot settled the question of
guilt in the case of each defendant, and the
matter of the penalty to be affixed came up
for consideration. Foreman Brown dis
couraged general talk on the question and
o test ballot was taken. This resulted to
3 for three years in the penitentiary-th
heaviest punishment that can be imposed
under the statute. The nine Jurors
who voted for the extreme penalty
were very firm in their convictions,
and they labored with the other
three earnestly and long. Considerable
feeling was demonstrated. At last the fore
man called for another ballot. 1t resulted
the same as the first, but after some more
general discussion and debate in groups two
of the three who held out for the imposition
Of fine upon all eleven defendants were
won over. The third was taken in hand
and argued with for nearly an hour. This
was j. D. Clark. He stoutly maintained
that there was not enough testimony of 9
character that was worthy of consideration
to warrant sending any one OF the defend
ants to the penitantiary. He was as OBJ
stiDate in his opinion as were the others
in theirs that three years in the
renitentiary was too good for all of them.
He would stand fine for all of them, but
no penitentiary. And this was just where
matters stood when the jurors were in
formed that the court had reconvened.
Finally some Of the eleven began to
show signs Of weakening. They were very
much opposed to disagreement, and in
this Juror Clark agreed with them heartily.
Others of the eleven became less firm. and
the first signs of compromise began to
be apparent. As the others weake ned
Clark grew firmer as 10 Cells, Oliver, Cas-
selman, and Mccarthy. 1t began to look
as though if they granted him these four
his purpose as to the others might
be shaken. Several were at first very
much opposed to q compromise on this
line; but they at last submitted, stipulated
Tor seven for the penitentiary, and the
maximum fine for the other four. Then
there was a season of labor with Clark,
who thought that two years was enough
penitentiary for the worst Of them. The
suppers had not yet come. and the jurors
were getting hungry. Somebody proposed
another ballot, which was agreed to. This,
to the surprise of some and the delight of
all, resulted in the agreement as read in
court The report Of the foreman was
drafted, and it had no sooner been signed
than bailiff opened the door and inquired
IL the gentlemen were ready for their sup
pers. They fell to with will, and .thaving
Jared sumptuously with apetites sharpened
by the certainty Of their speedy release
from their long confinement, they sent
word that they had found . verdict and
forthwith fled into court.
At $40 the jury notified Chief Bailiff
Cahill that they had agreed, and Cahill Ut
once reported to the Judge, who was wait
ing in his private room. Judge Jameson
took his seat on the bench and ordered the
jury brought into court. He also notified
Sheriff Matson to bring in the defendants,
who had all been kept prisoners IN their
private room or In the vicinity Of the court
room pending the return of the jury. The
Jury filed in at one door and the defendants
ct another. The buzz and crush Of about
fifty newspaper men, who at once swarmed
70 the front. created some confusion for .
moment. About atty others, nostly detect
w. and bAih6s and psrs0nal frisnds Of
- daesndAa1D - jassns s6esA - eu1nade